DAR File No. 32606

Alcoholic Beverage Control, Administration

R81-5-18

Age Verification - Dining and Social Clubs

NOTICE OF 120-DAY (EMERGENCY) RULE

DAR File No.: 32606
Filed: 04/30/2009, 03:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is being proposed to implement provisions of S.B. 187 passed by the 2009 State Legislature. (DAR NOTE: S.B. 187 (2009) is found at Chapter 383, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

This rule change: 1) establishes the minimum technology specifications of electronic age verification devices; 2) establishes the procedures for recording identification that cannot be electronically verified; and 3) establishes the security measures that must be used by the club licensee to ensure that information obtained is used only to verify proof of age and is not disclosed to others except to the extent authorized by law. (DAR NOTE: A corresponding proposed amendment is under DAR No. 32604 in this issue, May 15, 2009, of the Bulletin.)

State statutory or constitutional authorization for this rule:

Section 32A-1-107 and Subsection 32A-1-304.5(5)

Anticipated cost or savings to:

the state budget:

None--The Department of Alcoholic Beverage Control (DABC) will not be required to fund the purchase of these electronic ID devices. Licensees will be required to purchase the devices, therefore, there will be no cost or savings to the state budget.

local governments:

None--The law requiring electronic ID devices will be regulated by the DABC. Local governments will not be involved.

small businesses and persons other than businesses:

Many dining and social club licensees have fewer than fifty employees. It is estimated that each electronic ID device will cost approximately $800. There are currently 295 dining and social clubs in Utah.

Compliance costs for affected persons:

The cost of each electronic ID device is approximately $800. There are currently 295 dining and social clubs in Utah. Each club will be required to have at least one device, though some of the larger clubs will likely need to have two or more devices.

Comments by the department head on the fiscal impact the rule may have on businesses:

Though it will cost each dining and social club licensee a minimum of $800 to comply with this rule, the legislature felt it was the best way to ensure that minors are not permitted into clubs or to purchase an alcohol beverage. In this case, the end justifies the means. Dennis R. Kellen, Director

Emergency rule reason and justification:

Regular rulemaking procedures would place the agency in violation of federal or state law.

Section 32A-1-304.5 mandates that the Alcoholic Beverage Control (ABC) Commission write rules to establish guidelines for the parameters and procedural requirements of the law requiring dining and social club licensees to verify the age of its patrons with an electronic ID device. Though the law governing the use of these devices does not take effect until 07/01/2009, licensees need to know as soon as possible what is required in order to purchase an ID device and have it functional by 07/01/2009.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Alcoholic Beverage Control
Administration
1625 S 900 W
SALT LAKE CITY UT 84104-1630

Direct questions regarding this rule to:

Sharon Mackay at the above address, by phone at 801-977-6800, by FAX at 801-977-6889, or by Internet E-mail at smackay@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

This rule is effective on:

05/01/2009

Authorized by:

Dennis R. Kellen, Director

R81. Alcoholic Beverage Control, Administration.

R81-5. Private Clubs.

R81-5-18. Age Verification - Dining and Social Clubs.

(1) Authority. 32A-1-303 and 32A-1-304.5.

(2) Purpose.

(a) 32A-1-304.5 requires dining and social club licensees to verify proof of age of persons who appear to be 35 years of age or younger either by an electronic age verification device, or an acceptable alternate process established by commission rule.

(b) This rule:

(i) establishes the minimum technology specifications of electronic age verification devices; and

(ii) establishes the procedures for recording identification that cannot be electronically verified; and

(iii) establishes the security measures that must be used by the club licensee to ensure that information obtained is used only to verify proof of age and is not disclosed to others except to the extent authorized by Title 32A.

(3) Application of Rule.

(a) An electronic age verification device:

(i) shall contain:

(A) the technology of a magnetic stripe card reader;

(B) the technology of a two dimensional ("2d") stack symbology card reader; or

(C) an alternate technology capable of electronically verifying the proof of age;

(ii) shall be capable of reading:

(A) a valid state issued driver's license;

(B) a valid state issued identification card;

(C) a valid military identification card; or

(D) a valid passport;

(iii) shall have a screen that displays no more than:

(A) the individual's name;

(B) the individual's age;

(C) the number assigned to the individual's proof of age by the issuing authority;

(D) the individual's the birth date;

(E) the individual's gender; and

(F) the status and expiration date of the individual's proof of age; and

(iv) shall have the capability of electronically storing the following information for seven days (168 hours):

(A) the individual's name;

(B) the individual's date of birth;

(C) the individual's age;

(D) the expiration date of the proof of age identification card;

(E) the individual's gender; and

(F) the time and date the proof of age was scanned.

(b) An alternative method of verifying an individual's proof of age when proof of age cannot be scanned electronically:

(i) shall include a record or log of the information obtained from the individual's proof of age including the following information:

(A) the type of proof of age identification document presented;

(B) the number assigned to the individual's proof of age document by the issuing authority;

(C) the expiration date of the proof of age identification document;

(D) the date the proof of age identification document was presented;

(E) the individual's name; and

(F) the individual's date of birth.

(c) Any data collected either electronically or otherwise:

(i) may be used by the licensee, and employees or agents of the licensee, solely for the purpose of verifying an individual's proof of age;

(ii) may be acquired by law enforcement, or other investigative agencies for any purpose under Section 32A-5-107;

(iii) may not be retained by the licensee in a data base for mailing, advertising, or promotional activity;

(iv) may not be retained to acquire personal information to make inappropriate personal contact with the individual; and

(v) shall be retained for a period of seven days from the date on which it was acquired, after which it must be deleted.

(d) Any person who still questions the age of the individual after being presented with proof of age, shall require the individual to sign a statement of age form as provided under 32A-1-303.

 

KEY: alcoholic beverages

Date of Enactment or Last Substantive Amendment: May 1, 2009

Notice of Continuation: September 7, 2006

Authorizing, and Implemented or Interpreted Law: 32A-1-107; 32A-1-304.5(5); 32A-5-107(18); 32A-5-107(23)